Rehearing Of Cross-State Air Rule Denied

A federal appeals court has denied requests by EPA, eastern states, and environmental activists to reconsider its decision on an EPA rule aimed at curbing interstate air pollution. In August 2012, the U.S. Court of Appeals for the District of Columbia Circuit vacated EPA’s Cross-State Air Pollution Rule in a 2-1 ruling. The appeals panel found that the agency had erred in issuing federal implementation plans under the cross-state rule rather than allowing states the opportunity to issue their own plans. EPA must now decide whether to appeal to the U.S. Supreme Court or begin drafting a new regulation. “The agency is reviewing the decision and will determine any appropriate further course of action once the review is complete,” EPA says. The Cross-State Air Pollution Rule, issued in July 2011, would have required 28 states in the East, Midwest, and South to reduce power plant emissions of nitrogen oxides and sulfur dioxide that cross state lines. The Clean Air Interstate Rule, a regulation issued in 2005 that also seeks to reduce pollution that crosses state lines, remains in effect.